Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079) (Union County and Statewide)

This case involves a tort claim against a municipality that was dismissed for failure to comply with the Tort Claims Act requirement that a public-entity defendant be served with a notice of claim “not later than the 90th day after accrual of the cause of action.” N.J.S.A 59:8-8. At issue is whether accrual of plaintiffs’ claim against the public-entity defendant should have been tolled in accordance with the discovery rule.

In determining when a cause of action accrues for purposes of that notice requirement, common law principles governing accrual of a tort claim apply. Under traditional…